Terms & Condition

T & C

Terms & Condition

The terms "We" / "Us" / "Our"/ "Company" individually and collectively refer to TouchMetrics Digital Solution Pvt. Ltd. and the terms "Visitor” ”User” refers to the users.

This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

Use Of Content

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organization’s or entity’s written permission.

Registration

Registration is mandatory for admission in any course, training, using student portal. You have to pay Rs 100/- (One Time Registration Fee), which is not refundable.

Acceptable Website use

(A) Security Rules

Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(B) General Rules

Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

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Indemnity

The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of touchmetrics.in or their breach of the terms .

Liability

User agrees that neither Company or its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

Disclaimer Of Consequential

In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

Terms & Condition For Clients

The terms "We" / "Us" / "Our"/ "Company" individually and collectively refer to TouchMetrics Digital Solution Pvt. Ltd. and the terms "Customer”/”User” refers to the Client.

Project Terms

All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.

By accepting a quote, you agree to and accept the terms and conditions of TouchMetrics Digital Solution Pvt Ltd. Acceptance can be by email,whatsapp, payment of Initiation, signing a quote.

Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.

Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by TouchMetrics Digital Solution Pvt Ltd.

There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.

TouchMetrics Digital Solution Pvt Ltd will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.

Any bugs (programming errors) reported during or just after the development does not attract additional charges.

Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.

Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will TouchMetrics Digital Solution Pvt Ltd be liable for any delays caused by change in the project brief.

Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.

Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.

Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.

If your website/application is not hosted on a our server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.

Please note that at any stage during the project, stalling of the project for over two calendar months will incur Rs1000/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.

TouchMetrics Digital Solution Pvt Ltd software codes (not including open source software) are copyrights of TouchMetrics Digital Solution Pvt Ltd. The codes can be handed over at an additional cost(upto 4x of project cost) for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.

The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.

Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SMS Gateways or SSL certificates involved in building a website/application. Although TouchMetrics Digital Solution Pvt Ltd does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, SMS gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.

TouchMetrics Digital Solution Pvt Ltd takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.

The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. Client must buy the domain

Hosting charges are not included in the quotations unless mentioned otherwise. TouchMetrics Digital Solution Pvt Ltd can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client.

TouchMetrics Digital Solution Pvt Ltd generally builds and tests the websites/applications on our own servers or hosted domains. We cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.

Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with us, upon full payment of any outstanding invoices, We will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.

All communications/correspondences are generally done via emails,whatsapp. It is client’s responsibility to keep us updated with their relevant email addresses/whatsapp number.

Annual Maintenance Package Terms:

All maintenance packages are for a 360 days period.

Maintenance packages are billed annually.
Packages include 360 days basic website hosting, email hosting.
Packages are designed to serve website maintenance tasks only.
Does-not include any Digital Strategy, Business Analysis, Solution Architect, SEO and any modification work.
Any extra work billed separately @ Rs200/hour excl. GST.
Support requests need to be sent via email to [email protected]
Any urgent tasks will be charged separately.

Payment terms:

Annual maintenance package require payment before 15 days of expiry date. In case of non payment till the renewal date the service will be the service will be discontinued, data will be deleted, and domain will not be renewed (if purchased by us and client will be resopnsible of the domain if it has been registered by any other).

An administrative fee of Rs10000 will be charged to the client if he wants to get the data.
There are absolutely no refunds for any service.

Termination:

In case Client need to cancel renewal, please inform us in writing (email) at least 10 days prior to the renewal date. We reserves the right to terminate annual maintenance at anytime with written notice to the Client.

Domains

All domain registrations and renewals are to be done by client itself, if the client tell us to buy the domain then the below terms and conditions are automatically considered as accepted by the client. Expiration of a domain can result in service disruption and loss of domain. And we are not liable for it if it is purchased by anyone We will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by 10 working days before the expiry date. It is client’s responsibility to renew their domain names with us. If the client want the domain to be transfered to their account then all invoices and dues must be paid in full and he needs to pay the administration charges $ 1000 before we release the requested domain name. We have the domains in a common pool account and therefore cannot give access to its domain control panel offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

Intellectual Property

The project related copyrights can be transferred to the client at an additional cost(upto 4x), after the full payment of the project and upon signing the Certificate of Acceptance. We reserves the rights to refuse the transfer of ownership if irregular circumstances arise.

The data(text, images, video) used in project is the property of the client, he is truely responsible for that data, if copyright claim is filed on the data(text/images/video) used in the project then the client is resopnsible for that.

Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. Our CMS can not be transferred to any external host.

Warranty

Normally our server can handle 1000 page view request per hour(24000 page view request per day) on an average. We can provide more resourses if it is requested by client, it will be charged extra.

Client is responsible for his data, he should take backup.

We ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation ariseswe are not liable to provide data(text,images,videos,database,emails) in case of loss.

*All disputes are subject to Patna Jurisdiction only

*Please note that TouchMetrics Digital Solution reserves the right to change the terms and conditions without notice.

Images/Logo may be subject to copyright